Whittaker v. Ivy

OPINION OF THE COURT

In 1985, the claimant sustained a partially disabling back injury that required surgery. He settled the claim with the employer and Special Fund, obtained other employment, and performed physically strenuous work until August, 1994. In 1997, he moved to reopen the back injury claim, alleging increased disability due to a worsening of his condition and, after settling with the employer, he proceeded against the Special Fund. Based upon the medical evidence, the Administrative Law Judge (ALJ) determined: that the claimant was totally disabled at reopening; that the effects…